Agenda 02/24/2015 Item #16D5 2/24/2015 16.D.5.
EXECUTIVE SUMMARY
Recommendation to approve the Selection Committee's ranking of firms under RFP # 14-6322
(Collier Area Transit Program Engineering/Architectural Services) and direct staff to bring
negotiated contracts to the Board for subsequent approval.
OBJECTIVE: To approve the selection committee's ranking for the referenced project.
CONSIDERATIONS: The goal of this Request for Proposal (RFP) is to provide an architectural and
engineering contract that meets all Federal Transit Administration (FTA) grant requirements;
including,the requirement of the FTA's circulars to identify all grant procurement provisions/clauses as a
part of the original solicitation [thus excluding the use of the County's current Architectural and
Engineering contracts]. This contract will allow CAT to procure small (less than $200,000) work orders
for supplemental architectural and engineering services.
The RFP was publicly advertised on November 6, 2014. Email notices were sent to 1,673 firms with 104
vendors requesting full packages. Seven responses were received by the due date of December 3, 2014. A
Selection Committee met on January 16, 2015 to rank and score the firms based on the criteria specified
in the RFP and in accordance with Florida Statute 287.055. By consensus of the members,the firms were
ranked as follows:
1. CH2MHi11
2. Atkins N.America
3. Hole Montes
4. Johnson Engineering
5. Stantec Consulting
6. Q Grandy Minor
7. Davidson Engineering
Staff will bring negotiated contracts for the top three firms back to the Board for approval at a subsequent
meeting.
FISCAL IMPACT: No fiscal impact is associated with this action.
GROWTH MANAGEMENT IMPACT: Transit capital and operations supports goals and objectives
of the Transportation Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
RECOMMENDATION: That the Board of County Commissioners approves the ranked list of firms for
RFP#14 -6322 Collier Area Transit Program Engineering/Architectural Services and direct staff to bring
negotiated contracts to the Board for subsequent approval.
PREPARED BY: Brandy Otero,Public Transit&Neighborhood Enhancement
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2/24/2015 16.D.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.5.
Item Summary: Recommendation to approve the Selection Committee's ranking of
firms under RFP # 14-6322 (Collier Area Transit Program Engineering/Architectural Services)
and direct staff to bring negotiated contracts to the Board for subsequent approval.
Meeting Date: 2/24/2015
Prepared By
Name: OteroBrandy
Title: Project Manager,Associate,Transportation Road Maintenance
1/29/2015 8:32:47 AM
Submitted by
Title: Project Manager, Associate,Transportation Road Maintenance
Name: OteroBrandy
1/29/2015 8:32:49 AM
Approved By
Name: ArnoldMichelle
Title: Director-Alt Transportation Modes,Public Transit&Neighborhood Enhancemt
Date: 1/29/2015 11:47:46 AM
Name: SotoCaroline
Title: Management/Budget Analyst,GMD Construction&Maintenance Admin
Date: 1/29/2015 11:59:34 AM
Name: BrilhartBrenda
Title: Procurement Specialist, Purchasing&General Services
Date: 1/29/2015 2:08:42 PM
Name: MarkiewiczJoanne
Title: Director-Purchasing/General Services,Purchasing&General Services
Date: 1/29/2015 2:51:02 PM
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2/24/2015 16.D.5.
Name: HerreraSandra
Title: Manager-Procurement,Purchasing&General Services
Date: 1/29/2015 2:56:05 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 2/3/2015 9:31:38 AM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Department
Date: 2/4/2015 4:24:04 PM
Name: Scott Trinity
Title: Manager-Public Transit,Public Transit&Neighborhood Enhancemt
Date: 2/5/2015 9:28:30 AM
Name: JohnsonScott
Title: Manager-Procurement,Purchasing&General Services
Date: 2/5/2015 9:51:15 AM
Name: CarnellSteve
Title: Administrator-Public Services,Public Services Department
Date:2/10/2015 11:41:39 AM
Name: TeachScott
Title:Deputy County Attorney, County Attorney
Date: 2/12/2015 2:34:04 PM
Name: OberrathKaren
Title: Accountant, Senior,Grants Management Office
Date: 2/17/2015 12:46:12 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 2/17/2015 2:48:20 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2015 2:58:42 PM
Name: StanleyTherese
Title:Manager-Grants Compliance,Grants Management Office
Date: 2/18/2015 8:54:13 AM
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2/24/2015 16.D.5.
Name: Ochs Leo
Title: County Manager,County Managers Office
Date: 2/18/2015 9:59:33 AM
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2/24/2015 16.D.5.
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REQUEST FOR PROPOSALS
In arrnrrianr_.e with Florida Statute 2R7.055, Consultants' competitive Negotiation Act.
GRANT FUNDED PROJECTS (FTA)
CO ler County
Adnrnistrabivve Services Division
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
RFP 14-6322
Collier Area Transit (CAT) Program Engineering/Architectural Services
Brenda Brilhart, Procurement Strategist
(239) 252-8446 (Telephone)
(239) 252-6697(Fax)
brendabrilhart @colliergov.net(Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this
document made by the Consultant may be grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
bh ,
Purchasing Department,3327 Tamiami Ira,East•Naples,Florida 34112-4901•www.colliergov.net!purchasing
CCNA(Revision 0412014) Packet Page -483-
2/24/2015 16.D.5.
Table of Contents
LEGAL NOTICE 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS 9
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 13
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 16
ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 23
ATTACHMENT 2: CONSULTANT CHECK LIST 24
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 25
ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 26
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 28
ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 29
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 30
ATTACHMENT 8: REFERENCE QUESTIONNAIRE 32
EXHIBIT A- Grant Provisions (Provided in Separate File)
EXHIBIT B - Grant Agency Forms (Provided in Separate File)
RFP 14-6322 Eng/Arch Services for CAT Program 2
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ColPler County
Administrative Services Division
Purchasing
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide Collier Area Transit
(CAT) Program Engineering/Architectural Services will be received until 3:00 PM, Naples
local time, on December 3, 2014 at the Collier County Government, Purchasing Department,
3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
RFP 14-6322
Collier Area Transit(CAT) Program Engineering/Architectural Services
Services to be provided may include, but not be limited to the following: Right of ways
(acquisition and permitting); sidewalk and shelter/bench pad design; site specific design of
improvements to bus stops; structural review and design; subsurface utility exploration;
surveying (may include preparation of legal sketch and description sufficient for right of way
acquisition); geotechnical investigation; permitting; vertical construction design; maintenance
and retrofitting of buildings and shelters; telephone, internet, cable, security and other wiring;
miscellaneous design projects.
�-e A pre-proposal conference is not applicable for this solicitation. All statements should be made
upon the official proposal form which must be obtained only on the Collier County Purchasing
Department Online Bidding System website: www.collieroov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Director, Procurement Services
This Public Notice was posted on the Collier County Purchasing Department website:
www.collieroov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County
Government Center on November 6, 2014.
RFP 14-6322 Eng/Arch Services for CAT Program 3
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Public Transit it Neighborhood Enhancement (PTNE) Department
(hereinafter, the "Division or Department"), the Collier County Board of County Commissioners
Purchasing Department (hereinafter, "County") has issued this Request for Proposal
(hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified
Consultants in accordance with the terms, conditions and specifications stated or attached. The
Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of
Work stated.
The results of this solicitation may be used by other County departments once awarded
according to the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
It is the intent of the County to have multiple firms under the various architectural and
engineering disciplines in order to provide specialized services and expertise as required. The
services provided as a result of these contracts will be available to all County departments and
may include additional architectural and engineering services as required by the County.
Background
Collier Area Transit (CAT) is operated by the Department of the Board of County
Commissioners through the County Manager's Agency and has been charged with the
responsibility to operate, maintain, and manage a public transportation system in the Collier
County area. With the establishment of CAT it is the County's intention "that CAT be authorized
to plan, develop, own, purchase, lease, or otherwise acquire, demolish, relocate, equip, repair,
maintain, operate, and manage a countywide public transportation system and public
transportation facilities; to establish and determine such policies as may be necessary for the
best interest of the operation and promotion of a public transportation system; and to adopt such
rules as may be necessary to govern the operation of a public transportation system and public
transportation facilities."
Collier County is located on Florida's southwest coast and occupies 2,025 square miles of land
area. The population in Collier County is concentrated in the Naples area in the northwest
section of the county, with smaller population concentrations in Marco Island in the southwest
section of the county, and Immokalee in the north central area of the county. Fixed route bus
service hours range from 4:30 a.m. to 8:00 p.m. daily and provides more than 1.2 million
passenger trips each year. In addition, CAT provides door-to-door Paratransit services providing
nearly 90,000 passenger trips per year.
Scope of Work
ATM is interested in receiving qualified proposals to support some of the example tasks as
described below.
• Right of ways (acquisition and permitting);
• Sidewalk and shelter/bench pad design;
• Site specific design of improvements to bus stops;
• Structural review and design;
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2/24/2015 16.D.S.
• Subsurface utility exploration;
• Surveying (may include preparation of legal sketch and description sufficient for right of
way acquisition);
• Geotechnical investigation;
• Permitting;
• Vertical construction design;
• Maintenance and retrofitting of buildings and shelters;
• Telephone, Internet, cable, security and other wiring;
• Miscellaneous transit projects
The County reserves the right to order such services from selected firms as may be required
during said period, but does not guarantee any minimum or maximum services to be ordered
during the period specified from any given firm. Work order service assignments shall be at the
sole discretion of the County.
• For work anticipated to be less than $100,000: the department, at their discretion, may
select any firm from the contracted firms, request proposals from all firms on contract in
accordance with the current work order distribution procedures, or conduct a separate
solicitation.
• For work anticipated to be over $100,000 and up to $200,000: the department may, at
their discretion, use the firm in the next rotation order, request a waiver of rotation, request
proposals from all firms on contract in accordance with current work order distribution
procedures or conduct a separate solicitation.
This policy is subject to modification by the Board of County Commissioners. Should a
modification be made in the current policy, the County reserves the right to modify the selection
method.
The contracts are classified as fixed-term Countywide Agreements for various and
miscellaneous Architectural, Engineering and Project Management services which will be
utilized on an as-needed basis. Assignments shall be implemented with Work Orders. An
individual Work Order assignment shall not be in excess of$200,000.
Should any project that is active on a Work Order extend past the contract termination date, that
Work Order shall be active and extended as necessary until completion of such project
Term of Contract
The contract term, if an award(s) is/are made is intended to be for one (1) year with three
one (1) year renewals. Prices shall remain firm for the term of this contract. Surcharges
will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes
only. The County reserves the right to adjust this timetable as required during the course of
the RFP process.
5
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Event Date
Issue Solicitation Notice 11/6/14 ■-■
Last Date for Receipt of Written Questions 5:00 PM 11/25/12,
pre-solicitation meeting N/A
Addendum Issued By 12/1/14
Solicitation Deadline Date and Time 3:00 PM 12/3/14
Anticipated Evaluation of Submittals By 12/31/14
Anticipated Completion of Contract Negotiations By 1/31/15
Anticipated Board of County Commissioner's Approval Date By 2/25/14
Response Format
The Consultant understands and agrees to abide by all of the RFP specifications,
provisions, terms and conditions of same, and all ordinances and policies of Collier County.
The Consultant further agrees that if the contract is awarded the work will be performed in
accordance with the provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to
the guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal
that contains such variances may be considered non-responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Consultant's approach and ability to meet the County's needs, as stated in
the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft
Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for
proposal submission is strongly encouraged.
The items listed below are to be submitted with each proposal and submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by
tabs. Failure by a Consultant to include all listed items may result in the rejection of its
proposal.
Tab I, Cover Letter/ Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein. Include the name(s),
telephone number(s) and email(s) of the authorized contact person(s) concerning proposal.
Submission of a signed Proposal is Vendor's certification that the Vendor will accept any
awards as a result of this RFP. List all proposed subcontractors who will participate on the
team.
Tab II, Corporate Experience and Capacity(Maximum 25 Points/10 Page Limitation)
Provide information that documents your firm and subconsultants' qualifications to produce
the required outcomes, including its ability, capacity, skill, and financial strength, and
number of years of experience in providing the required services. Also describe the various
team members' successful experience in working with one another on previous projects. '"
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The firm or team's history and experience relevant to Collier Area Transit (CAT) needs
should be discussed, including a description of the firm's direct experience with similar types
of projects and efforts. The response shall also discuss the qualifications of all other firms
proposed to be utilized in the performance of the work and shall clearly differentiate which
qualifications listed relate to which firm.
The response to this section should identify similar projects undertaken by the firm or team
within the last five years. The firm's or team members' actual role in those listed projects
must be documented. The appropriate references, names and telephone numbers must be
provided.
Tab Ill, Specialized Expertise of Team Members (Maximum 25 Points/10 Page Limitation)
Attach resumes of all managers, supervisors, and other contract team members who will be
involved in the management of the total package of services, as well as the delivery of
specific services. The same should be done for any sub-consultants. If sub-consultants are
being utilized, letters of intent from stated sub-consultants must be included with proposal
submission.
All proposals must include the identification of all participating firms and their representative
DBE participation (form included in Exhibit B).
Tab IV, References—5 Completed and Returned (Maximum 20 Points)
In order for the Consultant to be awarded any points for this tab, the County requests that
the Consultant submits five (5) completed reference forms from clients whose projects are
of a similar nature to this solicitation as a part of their proposal on the reference form below.
The County will only use the methodology calculations for the first five (5) references (only)
submitted by the Consultant in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each Consultant's information provided in this area:
• The County will total each of the Consultant's five reference questionnaires and
create a ranking from highest number of points to lowest number of points.
References marked with an N/A(or similar notation will be given the score of zero
(0)). Consultants who do not turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the
Consultant who has the highest score.
• The next highest Consultant's number of points will be divided by the highest
Consultant's points which will then be multiplied by criteria points to determine the
Consultant's points awarded. Each subsequent Consultant's point score will be
calculated in the same manner.
• Points awarded will be extended to a whole number (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Consultant Total Points Awarded
Consultant Name Reference Score
Consultant ABC 445 20
Consultant DEF 435 20
Consultant GHI 425 19
Consultant JKL 385 17
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The points awarded by Consultant will be distributed to the Selection Committee prior to
their evaluation of the proposals. The Selection Committee will review the Consultant's
proposal to ensure consistency and completion of all tasks in the RFP, and review the
Points Awarded per Consultant. The Selection Committee may, at their sole discretion,
contact references, and/or modify the reference points assigned after a thorough review of
the proposal and prior to final ranking by the final Selection Committee.
Tab V, Understanding of Requirements (Maximum 20 Points/5 Page Limitation)
This section should describe the Proposer's understanding of the services and support
required in this RFP. This is to include an overview of the management approach that will be
used to undertake work and ensure steady and timely progress towards completion of
assigned tasks.
Tab VI: Firm's Availability and Responsiveness (Maximum 10 Points)
Firms will be awarded points for demonstrated experience and understanding of the
Southwest Florida construction guidelines, land development codes and contractor's license
issues; environmental conditions relating to the disciplines requested in this scope of work;
demonstrated responsiveness to meetings, telephone calls, emails and emergencies; and
sensitivity to reducing travel expenses (insert points in only one of the three boxes).
1. For firms who have office locations in Collier or Lee County
who will service the Collier County account, enter ten (10)
points in the adjacent field. (Points)
•Identify the Collier or Lee County primary address/telephone
number of the office that will service Collier County.
2. For firms who have office locations that will service Collier
County in counties contiguous to Collier and Lee counties,
enter five (5) points in the adjacent field. Counties (Points)
contiguous to Collier and Lee County are: Charlotte, Glades,
Hendry, Broward, Miami-Dade and Monroe counties.
• Identify the primary address/telephone number of the
office that will service Collier County.
3. For firms who have office locations not included in #1 and #2
above and who will service the Collier County account, enter
one (1) in the adjacent field. (Points)
• Identify the primary address and telephone number of the
office that will service Collier County.
Tab VII, Required Form Submittals
• Attachment 2: Consultant Checklist
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Consultant Declaration Form'
• Attachment 5: Immigration Affidavit and company's E-Verify profile page and
memorandum of understanding
• Attachment 6: Consultant Substitute W9
• Attachment 7: Insurance Requirements
• Attachment 8: Reference Questionnaire
• Other: License, certifications, etc.
• Granting Agency Forms (Provided in separate file—see Exhibit B)
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department Online
Bidding System website: www.colliergov.net/bid. Consultants must clearly understand that
the only official answer or position of the County will be the one stated on the Collier County
Purchasing Department Online Bidding System website. For general questions, please call
the referenced Procurement Strategist noted on the cover page.
2. Pre-Proposal Conference
The purpose of the pre-proposal conference is to allow an open forum for discussion and
questioning with County staff regarding the RFP with all prospective Consultants having an
equal opportunity to hear and participate. Oral questions will receive oral responses, neither
of which will be official, nor become part of the RFP. Only written responses to written
questions will be considered official, and will be included as part of the RFP as an
addendum.
All prospective Consultants are strongly encouraged to attend, as, this will usually be the
only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted
as "mandatory", prospective Consultants must be present in order to submit a proposal
response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of
the RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity,
conflict, discrepancy, omission or other error in the RFP, to immediately notify the
Procurement Strategist, noted herein, of such error in writing and request modification or
clarification of the document prior to submitting the proposal. The Procurement Strategist will
make modifications by issuing a written revision and will give written notice to all parties who
have received this RFP from the Purchasing Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Consultant in the
preparation of its proposal in response to this RFP, nor for the presentation of its proposal
and/or participation in any discussions, negotiations, or, if applicable, any protest
procedures.
6. Delivery of Proposals
All proposals are to be delivered before 3:00 PM, EST, on or before Date to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
n Naples FL 34112
Attn: Brenda Brilhart, Procurement Strategist
9
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The County does not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and/or time indicated, or to an incorrect address by
Consultant's personnel or by the Consultant's outside carrier. However, the Procurement
Director, or designee, reserves the right to accept proposals received after the posted close
time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which
may include but not be limited to: late delivery by commercial carrier such as Fed Ex,
UPS or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
If submitting manually, Consultants must submit one (1) paper copy clearly labeled
"Master," and one (1) compact disks (CD's) with one copy of the proposal on each CD
in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or
envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Consultant makes their request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
valid for a period of one hundred eighty (180) days from the submission date to
accommodate evaluation and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for
this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting
the Collier County Purchasing Policy. If the County receives proposals from less than
three (3) firms, the Procurement Director shall review all the facts and determine if it
is in the best interest of the County to solicit additional proposals or request that the
Selection Committee rank order the received proposals. The County may, as it deems
necessary, conduct discussions with qualified Consultants determined to be in contention for
being selected for award for the purpose of clarification to assure full understanding of, and
responsiveness to solicitation requirements.
9. Evaluation of Proposals
Collier County will evaluate and select these Services in accordance with Florida Statute
287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is
as follows:
• The County Manager or designee shall appoint a Selection Committee to review all
proposals submitted.
• Request for Proposals issued.
• Subsequent to the closing of proposals, the Procurement Strategist will review the
proposals received and verify whether each proposal appears to be minimally
responsive to the requirements of the published RFP.
• Meetings will be open to the public and the Procurement Strategist will publicly post prior
notice of such meeting in the lobby of the Purchasing Building.
• The committee members will review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
• Prior to the first meeting of the selection committee, the Procurement Strategist will post
a notice announcing the date, time and place of the first committee meeting. Said notice
will be posted in the lobby of the Purchasing Building not less than three (3) working
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days prior to the meeting. The Procurement Strategist will also post prior notice of all
subsequent committee meetings and will endeavor to post such notices at least one (1)
day in advance of all subsequent meetings.
• Collier County will consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable of
and has a history of successfully completing projects of this type, including, without
limitation, additional information Collier County may request, interviews, or oral
presentations.
• The Selection Committee, as approved by the County Manager or designee, will review,
evaluate and rank all responsive proposals received from Proposers responding to this
RFP. The committee members will score each Proposal in accordance with the rating
criteria set forth below and may, at their discretion, schedule presentations from any
firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their
qualifications, approach to the project and ability to furnish services for the scope of work
outlined in this solicitation during the publicly announced Selection Committee Meeting
prior to the final ranking. This discussion does not preclude the County from having
additional presentations by ranked firms at the County's sole discretion.
• The Selection Committee will rank qualified firms in order of preference and by
consensus using all information presented to the Committee, choose the top ranked firm
and will subsequently enter into negotiations with the top ranked firm. Award of the
contract is dependent upon the successful and full execution of a mutually agreed
contract.
• Negotiations shall begin with the top-ranked firm(s) in accordance with Fl. Stat. 287.055.
• Upon the successful completion of negotiations, contracts will be presented to the
Board of County Commissioners for approval.
The County reserves the right to withdraw this RFP at any time and for any reason, and to
issue such clarifications, modifications, addendums, and/or amendments as it may deem
appropriate, including, but not limited, to requesting supplemental proposal information.
Receipt of a proposal by the County or a submission of a proposal to the County offers no
rights upon the Consultant nor obligates the County in any manner. Acceptance of the
proposal does not guarantee issuance of any other governmental approvals. Proposals
which include provisions requiring the granting of zoning variances may not be considered.
10. References
The County reserves the right to contact any and all references submitted as a result of this
solicitation.
11. Proposal Selection Committee and Evaluation Factors
The County Manager or designee will appoint a Selection Committee to review all proposals
submitted. The factors to be considered in the evaluation of proposal responses are listed
below.
Tab/Description Points
Tab I, Cover Letter/ Management Summary n/a
Tab II, Corporate Experience 25
Tab Ill, Specialized Team Members 25
Tab IV, References 20
n Tab V, Understanding of Requirements 20
Tab VI, Firm's Availability & Responsiveness 10
TOTAL POINTS 100
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Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm
with the lowest paid dollars by Collier County to the Consultant (as obtained from the
County's financial system) within the last five (5) years will receive the higher individual
ranking. This information will be based on information provided by the Consultant, subject
to verification at the County's option. If there is a multiple firm tie in either individual scoring
or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the
firm with the next lowest volume of work shall receive the next highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any
or all proposals, to re-solicit for proposals, if desired, and upon recommendation and
justification by Collier County to accept the proposal which in the judgment of the County is
deemed the most advantageous for the public and Collier County.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be cause for rejection. In the event of default of the successful Consultant, or
their refusal to enter into the Collier County contract, the County reserves the right to accept
the proposal of any other Consultant or to re-advertise using the same or revised
documentation, at its sole discretion.
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Exhibit Ill: Collier County Purchase Order Terms and Conditions
1. Offer prior to delivery. Unless freight and other
This offer is subject to cancellation by the COUNTY charges are itemized, any discount will be taken
without notice if not accepted by VENDOR within on the full amount of invoice.
fourteen (14)days of issuance. c) All shipments of goods scheduled on the same
day via the same route must be consolidated.
2. Acceptance and Confirmation Each shipping container must be consecutively
This Purchase Order (including all documents numbered and marked to show this Purchase
attached to or referenced therein) constitutes the Order number. The container and Purchase
entire agreement between the parties, unless Order numbers must be indicated on bill of
otherwise specifically noted by the COUNTY on the lading. Packing slips must show Purchase
face of this Purchase Order. Each delivery of goods Order number and must be included on each !,
and/or services received by the COUNTY from package of less than container load (LCL)
VENDOR shall be deemed to be upon the terms shipments and/or with each car load of
and conditions contained in this Purchase Order. equipment. The COUNTY reserves the right to
refuse or return any shipment or equipment at
No additional terms may be added and Purchase VENDOR'S expense that is not marked with
Order may not be changed except by written Purchase Order numbers. VENDOR agrees to
instrument executed by the COUNTY. VENDOR is declare to the carrier the value of any shipment
deemed to be on notice that the COUNTY objects to made under this Purchase Order and the full
any additional or different terms and conditions invoice value of such shipment.
contained in any acknowledgment, invoice or other d) All invoices must contain the Purchase Order
communication from VENDOR, notwithstanding the number and any other specific information as
COUNTY'S acceptance or payment for any delivery identified on the Purchase Order. Discounts of
of goods and/or services, or any similar act by prompt payment will be computed from the date
VENDOR. of receipt of goods or from date of receipt of
invoices, whichever is later. Payment will be
3. Inspection made upon receipt of a proper invoice and in
All goods and/or services delivered hereunder shall compliance with Chapter 218, Fla. Stats.,
be received subject to the COUNTY'S inspection otherwise known as the "Local Government
and approval and payment therefore shall not Prompt Payment Act," and, pursuant to the
constitute acceptance. All payments are subject to Board of County Commissioners Purchasing
adjustment for shortage or rejection. All defective or Policy.
nonconforming goods will be returned pursuant to
VENDOR'S instruction at VENDOR'S expense. 5. Time Is Of the Essence
Time for delivery of goods or performance of
To the extent that a purchase order requires a services under this Purchase Order is of the
series of performances by VENDOR, the COUNTY essence. Failure of VENDOR to meet delivery
prospectively reserves the right to cancel the entire schedules or deliver within a reasonable time, as
remainder of the Purchase Order if goods and/or interpreted by the COUNTY in its sole judgment,
services provided early in the term of the Purchase shall entitle the COUNTY to seek all remedies
Order are non-conforming or otherwise rejected by available to it at law or in equity. VENDOR agrees
the COUNTY. to reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR further
4. Shipping and Invoices agrees that undiscovered delivery of nonconforming
a) All goods are FOB destination and must be goods and/or services is not a waiver of the
suitably packed and prepared to secure the COUNTY'S right to insist upon further compliance
lowest transportation rates and to comply with with all specifications.
all carrier regulations. Risk of loss of any goods
sold hereunder shall transfer to the COUNTY at 6. Changes
the time and place of delivery; provided that risk The COUNTY may at any time and by written notice
of loss prior to actual receipt of the goods by the make changes to drawings and specifications,
COUNTY nonetheless remain with VENDOR. shipping instructions, quantities and delivery
b) No charges will be paid by the COUNTY for schedules within the general scope of this Purchase
packing, crating or cartage unless otherwise Order. Should any such change increase or
specifically stated in this Purchase Order. decrease the cost of, or the time required for
Unless otherwise provided in Purchase Order, performance of the Purchase Order, an equitable
no invoices shall be issued nor payments made adjustment in the price and/or delivery schedule will
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be negotiated by the COUNTY and VENDOR. n
Notwithstanding the foregoing, VENDOR has an 11. Warranty of Non-infringement
affirmative obligation to give notice if the changes VENDOR represents and warrants that all goods sold
will decrease costs. Any claims for adjustment by or services performed under this Purchase Order
VENDOR must be made within thirty (30) days from are: a) in compliance with applicable laws; b) do not
the date the change is ordered or within such infringe any patent, trademark, copyright or trade
additional period of time as may be agreed upon by secret; and c)do not constitute unfair competition.
the parties.
VENDOR shall indemnify and hold harmless the
7. Warranties COUNTY from and against any and all claims,
VENDOR expressly warrants that the goods including claims of negligence, costs and expense,
and/or services covered by this Purchase including but not limited to attorneys' fees, which
Order will conform to the specifications, arise from any claim, suit or proceeding alleging that
drawings, samples or other descriptions the COUNTY'S use of the goods and/or services
furnished or specified by the COUNTY, and will provided under this Purchase Order are inconsistent
be of satisfactory material and quality with VENDOR'S representations and warranties in
production, free from defects and sufficient for section 11 (a).
the purpose intended. Goods shall be
delivered free from any security interest or If any claim which arises from VENDOR'S breach of
other lien, encumbrance or claim of any third section 11 (a) has occurred, or is likely to occur,
party. These warranties shall survive VENDOR may, at the COUNTY'S option, procure
inspection, acceptance, passage of title and for the COUNTY the right to continue using the
payment by the COUNTY. goods or services, or replace or modify the goods or
services so that they become non-infringing,
8. Statutory Conformity (without any material degradation in performance,
Goods and services provided pursuant to this quality, functionality or additional cost to the
Purchase Order, and their production and COUNTY).
transportation shall conform to all applicable
laws, including but not limited to the 12. Insurance Requirements
Occupational Health and Safety Act, the The VENDOR, at its sole expense, shall provide
Federal Transportation Act and the Fair Labor commercial insurance of such type and with such
Standards Act, as well as any law or regulation terms and limits as may be reasonably associated
noted on the face of the Purchase Order. with the Purchase Order. Providing and maintaining
adequate insurance coverage is a material
9. Advertising obligation of the VENDOR. All insurance policies
No VENDOR providing goods and services to shall be executed through insurers authorized or
the COUNTY shall advertise the fact that it has eligible to write policies in the State of Florida.
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the 13. Compliance with Laws
COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order,
property without the prior written consent of the VENDOR agrees that it will comply with all
COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct
10. Indemnification of its business. By way of non-exhaustive
VENDOR shall indemnify and hold harmless example, this shall include the American with
the COUNTY from any and all claims, including Disabilities Act and all prohibitions against
claims of negligence, costs and expenses, discrimination on the basis of race, religion,
including but not limited to attorneys' fees, sex creed, national origin, handicap, marital
arising from, caused by or related to the injury status, or veterans' status. Further, VENDOR
or death of any person (including but not acknowledges and without exception or
limited to employees and agents of VENDOR stipulation shall be fully responsible for
in the performance of their duties or complying with the provisions of the
otherwise), or damage to property (including Immigration Reform and Control Act of 1986 as
property of the COUNTY or other persons), located at 8 U.S.C. 1324, et seq. and
which arise out of or are incident to the goods regulations relating thereto, as either may be
and/or services to be provided hereunder. amended. Failure by the awarded firm(s) to ,-•••
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comply with the laws referenced herein shall written notice to the VENDOR. This Purchase
constitute a breach of the award agreement Order may be terminated immediately by the
and the County shall have the discretion to COUNTY for breach by VENDOR of the terms
unilaterally terminate said agreement and conditions of this Purchase Order,
immediately. Any breach of this provision may provided that COUNTY has provided VENDOR
be regarded by the COUNTY as a material and with notice of such breach and VENDOR has
substantial breach of the contract arising from failed to cure within 10 days of receipt of such
this Purchase Order. notice.
14. Force Majeure 19. General
Neither the COUNTY nor VENDOR shall be a) This Purchase Order shall be governed by the
responsible for any delay or failure in laws of the State of Florida. The venue for any
performance resulting from any cause beyond action brought to specifically enforce any of the
their control, including, but without limitation to terms and conditions of this Purchase Order
war, strikes, civil disturbances and acts of shall be the Twentieth Judicial Circuit in and for
nature. When VENDOR has knowledge of any Collier County, Florida
actual or potential force majeure or other b) Failure of the COUNTY to act immediately in
conditions which will delay or threatens to response to a breach of this Purchase Order by
delay timely performance of this Purchase VENDOR shall not constitute a waiver of
Order, VENDOR shall immediately give notice breach. Waiver of the COUNTY by any default
thereof, including all relevant information with by VENDOR hereunder shall not be deemed a
respects to what steps VENDOR is taking to waiver of any subsequent default by VENDOR.
complete delivery of the goods and/or services c) All notices under this Purchase Order shall be
to the COUNTY. sent to the respective addresses on the face
page by certified mail, return receipt requested,
15. Assignment by overnight courier service, or by personal
VENDOR may not assign this Purchase Order, delivery and will be deemed effective upon
nor any money due or to become due without receipt. Postage, delivery and other charges
the prior written consent of the COUNTY. Any shall be paid by the sender. A party may
assignment made without such consent shall change its address for notice by written notice
be deemed void. complying with the requirements of this section.
d) The Vendor agrees to reimbursement of any
16. Taxes travel expenses that may be associated with
Goods and services procured subject to this this Purchase Order in accordance with Florida
Purchase Order are exempt from Florida sales Statute Chapter 112.061, Per Diem and Travel
and use tax on real property, transient rental Expenses for Public Officers, employees and
property rented, tangible personal purchased authorized persons.
or rented, or services purchased (Florida e) In the event of any conflict between or among
Statutes, Chapter 212), and from federal the terms of any Contract Documents related to
excise tax. this Purchase Order, the terms of the Contract
Documents shall take precedence over the
17. Annual Appropriations terms of the Purchase Order. To the extent any
The COUNTY'S performance and obligation to terms and /or conditions of this Purchase Order
pay under this Purchase Order shall be duplicate or overlap the Terms and Conditions
contingent upon an annual appropriation of the the
Ters Contract and/or h Conditions ons that are e most
funds.
favorable to the County and/or provide the
18. Termination greatest protection to the County shall govern.
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior
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Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance and Bonding Requirements
The Consultant shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Consultant waive against each other and the County's separate Consultants,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Consultant and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Consultant under this
solicitation and shall contain a severability of interests' provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project -
description, or must read: For any and all work performed on behalf of Collier County. The "Certificate
Holder"should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Consultant must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be
Consultant's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall
also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant
from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant
hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
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Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s)
.-� and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County
for such costs within thirty (30) days after demand, the County has the right to offset these costs from
any amount due Consultant under this Agreement or any other agreement between the County and
Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage(s) purchased or the insurance company or companies used. The decision
of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of
any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the
Consultant to provide the County with such renewal certificate(s) shall be considered justification for the
County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful Consultant extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful Consultant.
3. Additional Items and/or Services
Additional items and/or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
�. 4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for 51% or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Consultant's facilities/project site
during and after each work assignment the Consultant is performing.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to
include in any contract document such terms and conditions, as it deems necessary for the proper
protection of the rights of Collier County. A sample copy of this contract is available upon request. The
County will not be obligated to sign any contracts, maintenance and/or service agreements or other
documents provided by the Consultant.
7. Public Records Compliance
The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes,
rules, regulations and requirements of any governmental agencies.
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8. Purchase orders on Fixed Term Contracts
The County reserves the right to order such services from selected firms as may be required during said
period, but does not guarantee any minimum or maximum services to be ordered during the period
specified from any given firm. Purchase order service assignments shall be at the sole discretion of the
County.
The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous
engineering and architectural services which will be utilized on an as-needed basis. Assignments shall
be implemented with Purchase orders subject to a maximum of$200,000 per Purchase order. Purchase
order assignments in excess of$200,000 shall be approved by the Board of County Commissioners.
Should any project that is active on a purchase order extend past the contract termination date, that
purchase order will be active and extended as necessary until completion of such project.
9. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(cr�collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services as
part of this agreement.
Payment methods include:
• Traditional—payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of using
the County's credit card for transactions relating to this solicitation. The County will entertain bids
clearly stating pricing for standard payment methods. An additional separate discounted price for
traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional
Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
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Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these
debts, the County reserves the right to off-set the amount owed to the County by applying the amount
owed to the vendor or contractor for services performed of for materials delivered in association with a
contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
10. Environmental Health and Safety
All Consultants and Sub Consultants performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub
Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Consultant's work operations. This
provision is non-negotiable by any department and/or Consultant.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be
labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.
11. Licenses
The Consultant is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to all
applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copies of the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure on
the part of any Consultant to submit the required documentation may be grounds to deem
Consultant non-responsive. A Consultant, with an office within Collier County is also required to have
an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain "active" in Collier County.
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
• , regarding required occupational licenses, please contact the Tax Collector's Office at(239) 252-2477.
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12. Survivability
The Consultant agrees that any Purchase order that extends beyond the expiration date of Solicitation ^
14-6322 will survive and remain subject to the terms and conditions of that Agreement until the
completion or termination of this Purchase order.
13. Principals/Collusion
By submission of this Proposal the undersigned, as Consultant, does declare that the only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that
this Proposal is made without connection with any person, company or parties making a Proposal, and
that it is in all respects fair and in good faith without collusion or fraud.
14. Relation of County
It is the intent of the parties hereto that the Consultant shall be legally considered an independent
Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Consultant, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
15. Termination
Should the Consultant be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole
judge of non-performance.
16. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final
Board approval, no firm or their agent shall contact any other employee of Collier County in reference to
this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this
provision may serve as grounds for disqualification for award of this contract to the firm.
17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a
certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the
document may be submitted with the solicitation response and the document number shall be identified.
Firms who do not provide the certificate of authority at the time of response shall be required to provide
same within five (5) days upon notification of selection for award. If the firm cannot provide the document
within the referenced timeframe, the County reserves the right to award to another firm.
18. Single Proposal
Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
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consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
19. Protest Procedures
Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation
(including the form of the solicitation documents or procedures) shall file their protest with the
Procurement Director prior to the time of the bid opening strictly in accordance with the County's then
current purchasing ordinance and policies.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and
Thursdays. Any actual or prospective respondent who desires to formally protest the recommended
contract award must file a notice of intent to protest with the Procurement Director within two (2)
calendar days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and
will be given instructions as to the form and content requirements of the formal protest. A copy of the
"Protest Policy" is available at the office of the Procurement Director.
20. Public Entity Crime
A person or affiliate who has been placed on the convicted Consultant list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for
the construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the convicted Consultant list.
21. Security and Background Checks
If required, Consultant shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Department, and drug testing for all employees that shall provide services
to the County under this Agreement. This may include, but not be limited to, checking federal, state and
local law enforcement records, including a state and FBI fingerprint check, credit reports, education,
residence and employment verifications and other related records. Consultant shall be required to
maintain records on each employee and make them available to the County for at least four (4)years.
22. Conflict of Interest
Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review and
does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify
and or preclude conflict of interest situations during contract selection and execution.
23. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
n Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
RFP 14-6322 Eng/Arch Services for CAT! 21
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24. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States. The Employment Eligibility
Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership
with the Social Security Administration (SSA), provides an Internet-based means of verifying
employment eligibility of workers in the United States; it is not a substitute for any other employment
eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid
(ITB) and Request for Proposals (RFP) including professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Consultants are required to enroll in the E-Verify program, and provide acceptable evidence of their
enrollment, at the time of the submission of the Consultant's proposal. Acceptable evidence consists of
a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify
Memorandum of Understanding for the company. Consultants are also required to provide the Collier
County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify
Program. The affidavit is attached to the solicitation documents. If the Consultant does not comply
with providing the acceptable E-Verify evidence and the executed affidavit the Consultant's
proposal may be deemed non-responsive.
Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above. For additional information
regarding the Employment Eligibility Verification System (E-Verify) program visit the following website:
http://www.dhs.gov/E-Verify. It shall be the Consultant's responsibility to familiarize themselves with all
rules and regulations governing this program.
Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
RFP 14-6322 Eng/Arch Services for CAT E
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Copier County
Administrative Services vision
Purchasing
Attachment 1: Consultant's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not
wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the
reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page,
or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
We are not responding to CCNA Solicitation RFP 14-6322 Engineering/Architectural Services for
Collier Area Transit(CAT) Program for the following reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work.
❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
n Representative Name: Date
RFP 14-6322 Eng/Arch Services for CAT! 23
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Cottle Count,
Adn-nee Services Division
Purchasing
Attachment 2: Consultant Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and
return with your Proposal.
Consultant should check off each of the following items as the necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the requirements
of the project.
❑ Any addenda have been signed and included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Brenda Brilhart, Procurement Strategist
CCNA Solicitation: RFP 14-6322 Engineering/Architectural Services for Collier r1
AreaTransit(CAT)Program
❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due
Date.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
RFP 14-6322 Eng/Arch Services for CAT f 24
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Cooler C.,olixty
Administrathe Services Division
Purchasing
Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to
the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work;
and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully
disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract
and/or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of
County of
SUBSCRIBED AND SWORN to before me this day of , 2014,
by , who is personally known to me to be the
for the Firm, OR who produced the following identification
•
Notary Public
My Commission Expires
n
RFP 14-6322 Eng/Arch Services for CAT! 25
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Co#1•C.Amilty
Admit Services Division
Purchasing
Attachment 4: Consultant Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: RFP 14-6322 Engineering/Architectural Services for Collier Area Transit(CAT) Program
Dear Commissioners:
The undersigned, as Consultant declares that this proposal is made without connection or arrangement with any other
person and this proposal is in every respect fair and made in good faith, without collusion or fraud.
The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal
documents listed by the above referenced CCNA Solicitation.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the
County of , in the State of
Firm's Legal Name:
Address:
City, State,Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax Identification
Number
CCR#or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
RFP 14-6322 Eng/Arch Services for CAT F
2s
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Additional Contact Information
Send payments to:
(required if different from Company name used as payee
above)
Contact name:
Title:
Address:
City, State,ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from
above)
Contact name:
Title:
Address:
City, State,ZIP
■^N, Telephone:
Email:
/.N
RFP 14-6322 Eng/Arch Services for CAT f 27
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C:over County •-•
Administrative Services Division
Purchasing
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: RFP 14-6322 Collier Area Transit(CAT) Program Engineering/Architectural Services
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Consultants are required to
enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
Consultant' proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile
page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this
Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Consultant's proposal
as non-responsive.
Collier County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e)of the Immigration and Nationality Act("INA").
Collier County may consider the employment by any Consultant of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding
with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated n
by the Department of Homeland Security in partnership with the Social Security Administration at the time of
submission of the Consultant's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of , 20_, by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
RFP 14-6322 Eng/Arch Services for CAT 1 28
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Administrative Services Division
Purchasing
Attachment 6: Consultant Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
Individual/Sole Proprietor _Corporation _Partnership
_Tax Exempt (Federal income tax-exempt entity Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) Enter the tax classification
(D=Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Consultants who do not have a TIN, will be required to provide a social security number prior to an award of the
contract.)
4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to
my knowledge.
Signature Date
Title Phone Number
RFP 14-6322 Eng/Arch Services for CAT f 29
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CO ter C01411ty
Administrative Services Division
Purchasing
Attachment 7: Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $500,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the Consultant shall
indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys'fees and paralegals'fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Consultant
or anyone employed or utilized by the Consultant in the performance of this • •
Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph. This
section does not pertain to any incident arising from the sole negligence of
Collier County.
4. ®Automobile Liability $1,000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. ® Other insurance as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $1,000,000 per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑Valuable Papers Insurance $ Per Occurrence
RFP 14-6322 Eng/Arch Services for CAT Program 30
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h ll be submitted with proposal response in the form of certified funds,cashiers'
6. Bid bond S a a su p p p ,
check or an irrevocable letter of credit, a cash bond posted with the County Clerk,or
""\ proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made
payable to the Collier County Board of County Commissioners on a bank or trust
company located in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the executed
Payment Bonds contract by Proposers receiving award,and written for 100%of the Contract award
amount,the cost borne by the Proposer receiving an award.The Performance and
Payment Bonds shall be underwritten by a surety authorized to do business in the
State of Florida and otherwise acceptable to Owner; provided,however,the surety
shall be rated as"A-"or better as to general policy holders rating and Class V or higher
rating as to financial size category and the amount required shall not exceed 5%of the
reported policy holders'surplus, all as reported in the most current Best Key Rating
Guide, published by A.M. Best Company, Inc.of 75 Fulton Street, New York, New York
10038.
8. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that
he is required to meet. The same Consultant shall provide County with certificates of insurance
meeting the required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County.
The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
Consultant's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability
may be required within five (5) days of the award of this solicitation.
Name of Firm Date
Consultant
Signature
Print Name
Insurance Agency
Agent Name Telephone Number
RFP 14-6322 Eng/Arch Services for CAT Program 31
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coder County
Admtnistrative Sehricas Division
Purchasing
Attachment 8: Reference Questionnaire
Solicitation: RFP 14-6322 Collier Area Transit(CAT) Program Engineering/Architectural Services
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be
used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has
listed you as a client for which they have previously performed work. Please complete the survey. Please rate each
criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and
would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the
firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank
and the item or form will be scored "0."
Project Description: Completion Date:
Project Budget: Project Number of Days:
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule (complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Project administration (completed documents,final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future(customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to: By
RFP 14-6322 Eng/Arch Services for CAT Program 32
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EXHIBIT A—GRANTING AGENCY PROVISIONS
Provided In Separate File
RFP 14-6322 Eng/Arch Services for CAT Program 33
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EXHIBIT B—GRANTING AGENCY FORMS
Provided In Separate Files
1) Lobbying
2) Debarment&Suspension
3) Anticipated DBE
4) Bidder Opportunity List
5) Grant Acknolwedgement
RFP 14-6322 Eng/Arch Services for CAT Program 34
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Exhibit IA
Federal Transit Administration Provisions
CFDA 20.500/20.507
EXHIBIT A-GRANTING AGENCY
The services performed by the awarded Contractor shall be in compliance with all applicable FTA regulations/requirements,
and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and
utilize the necessary manuals and guidelines that apply to the work required to complete this project.
Box is Checked
If Applicable
❑ 1. Fly America Requirements
❑ 2.Buy America Requirements-Sign Certification
❑ 3.Charter Bus and School Bus Requirements
❑ 4.Cargo Preference Requirements
® 5.Seismic Safety Requirements
® 6.Energy Conservation Requirements
® 7.Clean Water Requirements
❑ 8.Bus Testing-Sign Certification
❑ 9.Pre-Award and Post Delivery Audit Requirements-Sign Certification
® 10. Lobbying-Sign Certification
® 11.Access to Records and Reports
® 12. Federal Changes
❑ 13. Bonding Requirements
® 14.Clean Air
❑ 15. Recycled Products
❑ 16. Davis-Bacon and Copeland Anti-Kickback Acts
❑ 17.Contract Work Hours and Safety Standards Act
18. [Reserved]
® 19.No Government Obligation to Third Parties
®20. Program Fraud and False or Fraudulent Statements and Related Acts
■ 21.Termination
®22.Government-wide Debarment and Suspension-Sign Exhibit Certification
®23. Privacy Act
®24.Civil Rights Requirements
®25. Breaches and Dispute Resolution
❑26. Patent and Rights in Data
❑27.Transit Employee Protective Agreements
®28. Disadvantaged Business Enterprises(DBE)
(TWO FORMS) Anticipated DBE Form and Bidders List
❑29. [Reserved]
®30. Incorporation of Federal Transit Administration(FTA)Terms
❑31. Drug and Alcohol Testing
®32.ADA Access
®33. ITS Standards
❑34.ARRA
1
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Exhibit IA 2/24/2015 16.D.5.
Federal Transit Administration Provisions
CFDA 20.500/20.507
1. FLY AMERICA REQUIREMENTS
(Applies to subcontracts)
The Contractor agrees to comply with 49 U.S.C.40118(the"Fly America"Act) in accordance with the General Services
Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds
and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and
transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier
was used,an appropriate certification or memorandum adequately explaining why service by a U.S.flag air carrier was
not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of
compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in
all subcontracts that may involve international air transportation.
2. BUY AMERICA REQUIREMENTS
(Applies to subcontracts)
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may
not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the
United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers
are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger
wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for
rolling stock are set out at 49 U.S.C. 5323(j)(2)(C)and 49 C.F.R. 661.11. Rolling stock must be assembled in the United
States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (Attachments)with
all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not
accompanied by a completed Buy America certification must be rejected as nonresponsive.This requirement does not
apply to lower tier subcontractors.
3. CHARTER BUS REQUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and
subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or
facilities if there is at least one private charter operator willing and able to provide the service, except under one of
the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be"incidental,"i.e., it
must not interfere with or detract from the provision of mass transportation.
3. SCHOOL BUS REQUIREMENTS
Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in
school bus operations exclusively for the transportation of students and school personnel in competition with private
school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under
an allowable exemption, recipients and subrecipients may not use federally funded equipment,vehicles,or facilities.
4. CARGO PREFERENCE REQUIREMENTS
(Applies to subcontracts)
Use of United States-Flag Vessels-The contractor agrees:
a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers,dry cargo liners,and tankers)involved,whenever shipping any equipment,
material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and
reasonable rates for United States-Flag commercial vessels;
b.to furnish within 20 working days following the date of loading for shipments originating within the United States or
within 30 working days following the date of leading for shipments originating outside the United States, a legible
copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the
2
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Exhibit IA 2/24/2015 16.D.5.
Federal Transit Administration Provisions
CFDA 20.500/20.507
preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration,
Washington, DC 20590 and to the FTA recipient(through the contractor in the case of a subcontractor's bill-of-lading.)
c.to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve
the transport of equipment,material,or commodities by ocean vessel.
5. SEISMIC SAFETY REQUIREMENTS
The contractor agrees that any new building or addition to an existing building will be designed and constructed in
accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations
49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to
ensure that all work performed under this contract including work performed by a subcontractor is in compliance with
the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.
6. ENERGY CONSERVATION REQUIREMENTS
(Applies to subcontracts)
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
7. CLEAN WATER REQUIREMENTS
(Applies to subcontracts OVER$10,000)
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA.
8. BUS TESTING
Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing
regulation at 49 CFR Part 665 and shall perform the following:
1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall
provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient
which will be prior to the recipient's final acceptance of the first vehicle.
2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing
facility that the report is available to the public.
3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the
identical configuration and major components as the vehicle in the test report, which must be provided to the
recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical,
the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a
major change requiring additional testing.
4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the
United States before October 1, 1988, and is currently being produced without a major change in configuration or
components),the manufacturer shall provide the name and address of the recipient of such a vehicle and the details
of that vehicle's configuration and major components.
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9. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS ""
Pre-Award and Post-Delivery Audit Requirements -The Contractor agrees to comply with 49 U.S.C. § 5323(1) and
FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications:
(1) Buy America Requirements:The Contractor shall complete and submit a declaration certifying either compliance or
noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit
documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by
manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the
rolling stock,including a description of the activities that will take place at the final assembly point and the cost of final
assembly.
(2)Solicitation Specification Requirements:The Contractor shall submit evidence that it will be capable of meeting the
bid specifications.
(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self-
certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified
statement that the contracted buses will not be subject to FMVSS regulations.
10. LOBBYING
Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR part 20,
"New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall ""'"•\
also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts
on its behalf with non-Federal funds with respect to that Federal contract,grant or award covered by 31 U.S.C. 1352.
Such disclosures are forwarded from tier to tier up to the recipient.
11. ACCESS TO RECORDS AND REPORTS
The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 18.36(i),the Contractor agrees to provide the Purchaser,the FTA Administrator,
the Comptroller General of the United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to
provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving
federal financial assistance through the programs described at 49 U.S.C.5307,5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives,
including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307,5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at$100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified
acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the
FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide "Th
the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized
representatives with access to any books, documents, papers and record of the Contractor which are directly
pertinent to this contract for the purposes of making audits,examinations,excerpts and transcriptions.
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4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C.
5325(a)enters into a contract for a capital project or improvement(defined at 49 U.S.C.5302(a)1)through other than
competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a
period of not less than three years after the date of termination or expiration of this contract, except in the event of
litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(11).
12. FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they
may be amended or promulgated from time to time during the term of this contract.Contractor's failure to so comply
shall constitute a material breach of this contract.
13. BONDING REQUIREMENTS
Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company
currently authorized under 31 CFR,Part 223 as possessing a Certificate of Authority as described thereunder.
Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by(Recipient)to reject any and
all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days
subsequent to the opening of bids,without the written consent of(Recipient).
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety
(90)] days after the bid opening without the written consent of(Recipient),shall refuse or be unable to enter into this
Contract,as provided above,or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor
and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable
insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by
such withdrawal,or refusal,or inability to enter into an agreement,or provide adequate security therefore.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's
Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been
retained by(Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to
fully recompense(Recipient)for the damages occasioned by default,then the undersigned bidder agrees to indemnify
(Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as
to make(Recipient)whole.
The undersigned understands that any material alteration of any of the above or any of the material contained on this
form,other than that requested,will render the bid unresponsive.
Performance and Payment Bonding Requirements(Construction)
■ , A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance
of a contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in
such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable
letter of credit from a financial institution operating within the State of Florida(or other alternative forms of surety as
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permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and
contract documents.All such bonds or letters of credit shall be approved as to form by the County Attorney.
A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract Amount, the
costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a
surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however,
the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the
Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do
business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract
Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense
another bond and surety,both of which shall be subject to the Owner's approval.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment
provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance
payment bond necessary to protect the(Recipient).
Patent Infringement Bonding Requirements(Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the
financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the
patent indemnity to protect the(Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished
under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and
defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be
considered defective. If required by the [Project Manager],the Contractor shall furnish satisfactory evidence as to the
kind and quality of materials and equipment.
2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades.
The Work must be of safe,substantial and durable construction in all respects. The Contractor hereby guarantees the
Work against defective materials or faulty workmanship for a minimum period of one (1)year after Final Payment by
(Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period
of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to
the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in
form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor
and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair
defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be
written in an amount equal to ONE HUNDRED PERCENT(100%)of the CONTRACT SUM,as adjusted(if at all).
14. CLEAN AIR
(Applies to subcontracts OVER$100,000)
(1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office. • ■
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA.
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15. RECYCLED PRODUCTS
(Applies to subcontracts for purchases$10,000 or more of one of these items in a fiscal year, or when the cost of
such items purchased during the previous fiscal year was$10,000.)
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory
provisions of 40 CFR Part 247,and Executive Order 12873,as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
16. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the
project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-
Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics
shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be compensated at the rate specified for each classification for
the time actually worked therein: Provided,That the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including any additional classifications and
wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster(WH-1321) shall be posted
at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
(ii)(A)The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed
in the wage determination and which is to be employed under the contract shall be classified in conformance with the
wage determination. The contracting officer shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification
requested is not performed by a classification in the wage determination;and
(2)The classification is utilized in the area by the construction industry;and
(3)The proposed wage rate, including any bona fide fringe benefits,bears a reasonable relationship to the wage rates
contained in the wage determination;and
(4)With respect to helpers as defined in 29 CFR 5.2(n)(4),such a classification prevails in the area in which the work is
performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
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Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or '^
disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will
notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the contracting officer, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(ii) (B)or(C)
of this section, shall be paid to all workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate., the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person,the contractor may consider as part
of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the
contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require
the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
i"1
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination;and
(2)The classification is utilized in the area by the construction industry;and
(3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210.
The Administrator,or an authorized representative,will approve, modify,or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
(C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the contracting officer, to the Administrator for
determination. The Administrator,or an authorized representative,will issue a determination with 30 days of receipt • •
and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time
is necessary.
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(D)The wage rate(including fringe benefits where appropriate) determined pursuant to paragraphs(a)(1)(v) (B)or(C)
of this section, shall be paid to all workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(2)Withholding—Collier County shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics,including apprentices,trainees,and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice,trainee, or helper, employed or working on the site
of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the contract, the Collier County may, after written
notice to the contractor, sponsor, applicant, or owner,take such action as may be necessary to cause the suspension
of any further payment,advance,or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics
working at the site of the work(or under the United States Housing Act of 1937,or under the Housing Act of 1949, in
the construction or development of the project). Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii)(A)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls
to Collier County for transmission to the Federal Transit Administration. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations,
29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this
purpose and may be purchased from the Superintendent of Documents(Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office,Washington, DC 20402. The prime contractor is responsible for the submission of copies
of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract
and shall certify the following:
(1)That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i)
of Regulations,29 CFR part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations,29 CFR part 3;
(3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
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equivalents for the classification of work performed, as specified in the applicable wage determination incorporated
into the contract.
(C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of
this section.
(D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii)The contractor or subcontractor shall make the records required under paragraph (a)(3)(i)of this section available
for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the
Department of Labor,and shall permit such representatives to interview employees during working hours on the job.
If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency
may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
(4) Apprentices and trainees-(i)Apprentices-Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration,
Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau,or if a person
is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an a apprentice. The allowable ratio of apprentices PP pprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition,any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction on a project in a
locality other than that in which its program is registered,the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division
of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice
classification,fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship
and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(ii)Trainees-Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with
the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
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Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate
on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and Training Administration withdraws
approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity-The utilization of apprentices,trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR
part 30.
(5) Compliance with Copeland Act requirements-The contractor shall comply with the requirements of 29 CFR part
3,which are incorporated by reference in this contract.
(6) Subcontracts -The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in 29 CFR 5.5.
(7) Contract termination:debarment-A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements -All rulings and interpretations of the Davis-Bacon
and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards-Disputes arising out of the labor standards provisions of this contract shall
not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this
clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor,or the employees or their representatives.
(10) Certification of eligibility-(i) By entering into this contract,the contractor certifies that neither it(nor he or she)
nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract
by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii)The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001.
17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(1) Overtime requirements- No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages- In the event of any violation of the clause set forth in
paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages.
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Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph(1)of this section.
(3)Withholding for unpaid wages and liquidated damages-XCollier County shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph(2)of this section.
(4) Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs
(1)through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs(1)through(4)of this section.
18. I RESERVED 1
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written consent
by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
(Applies to subcontracts)
Program Fraud and False or Fraudulent Statements or Related Acts.
(1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31
U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R. Part 31, apply to its actions
pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to
the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to
other penalties that may be applicable,the Contractor further acknowledges that if it makes, or causes to be made, a
false,fictitious, or fraudulent claim,statement,submission,or certification,the Federal Government reserves the right
to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification to the Federal Government under a contract connected with a project that is
financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §5307,
the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor,to the extent the Federal Government deems appropriate.
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(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
21. TERMINATION
a. Termination for Convenience(General Provision)The (Recipient) may terminate this contract, in whole or in part,
at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be
paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has
any property in its possession belonging to the(Recipient),the Contractor will account for the same,and dispose of it
in the manner the(Recipient)directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in
accordance with the contract delivery schedule,or, if the contract is for services,the Contractor fails to perform in the
manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination
on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the
contract price for supplies delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a
strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient),
after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure(General Provision)The (Recipient) in its sole discretion may, in the case of a termination for
breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such
case,the notice of termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or
conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting
forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any
further obligation to Contractor. Any such termination for default shall not in any way operate to preclude(Recipient)
from also pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by
Contractor of any covenant,term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s
remedies for any succeeding breach of that or of any other term,covenant,or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may
terminate this contract,in whole or in part,when it is in the Government's interest. If this contract is terminated,the
Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before
the effective date of termination.
f. Termination for Default(Supplies and Service) If the Contractor fails to deliver supplies or to perform the services
within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions
of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering
to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the
contract price for supplies delivered and accepted, or services performed in accordance with the manner or
performance set forth in this contract.
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If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,
the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of
the Recipient.
g. Termination for Default(Transportation Services) If the Contractor fails to pick up the commodities or to perform
the services,including delivery services,within the time specified in this contract or any extension or if the Contractor
fails to comply with any other provisions of this contract,the(Recipient) may terminate this contract for default. The
(Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default.
The Contractor will only be paid the contract price for services performed in accordance with the manner of
performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon
direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The
Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on
an amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,
the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of
the(Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable
part, with the diligence that will insure its completion within the time specified in this contract or any extension or
fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this
contract,the (Recipient) may terminate this contract for default. The(Recipient) shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. In this event,the Recipient may take over the
work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and
plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any
damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time,
whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased
costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause
if-
1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or
negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another
Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight
embargoes;and
2. The contractor,within [10] days from the beginning of any delay, notifies the(Recipient) in writing of the causes of
delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be
extended. The judgment of the(Recipient)shall be final and conclusive on the parties,but subject to appeal under the
Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or
that the delay was excusable,the rights and obligations of the parties will be the same as if the termination had been
issued for the convenience of the Recipient.
i. Termination for Convenience or Default(Architect and Engineering)The(Recipient)may terminate this contract in
whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract
obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the
nature,extent,and effective date of the termination. Upon receipt of the notice,the Contractor shall(1) immediately
discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all
data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in
performing this contract,whether completed or in process.
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If the termination is for the convenience of the Recipient,the Contracting Officer shall make an equitable adjustment
in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the
work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,
the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of
the Recipient.
j. Termination for Convenience of Default(Cost-Type Contracts)The (Recipient) may terminate this contract, or any
portion of it,by serving a notice or termination on the Contractor.The notice shall state whether the termination is for
convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall
state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall
account for any property in its possession paid for from funds received from the (Recipient), or property supplied to
the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract
provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of
termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall
negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs,
and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of
termination.
If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable
reason for not performing, such as strike,fire, flood, events which are not the fault of and are beyond the control of
the contractor,the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or
treat the termination as a termination for convenience.
22.GOVERNMENT-WIDE DEBARMENT AND SUSPENSION(NONPROCUREMENT)
(Applies to subcontracts)
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,the contractor is required to verify
that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905,
are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29,Subpart C and must include the requirement to comply with
49 CFR 29,Subpart C in any lower tier covered transaction it enters into.
23. PRIVACY ACT
5 U.S.C.552
Contracts Involving Federal Privacy Act Requirements -The following requirements apply to the Contractor and its
employees that administer any system of records on behalf of the Federal Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information
restrictions and other applicable requirements of the Privacy Act of 1974,
5 U.S.C. §552a. Among other things,the Contractor agrees to obtain the express consent of the Federal Government
before the Contractor or its employees operate a system of records on behalf of the Federal Government. The
Contractor understands that the requirements of the Privacy Act,including the civil and criminal penalties for violation
of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result
in termination of the underlying contract.
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(2)The Contractor also agrees to include these requirements in each subcontract to administer any system of records
on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.
24. CIVIL RIGHTS REQUIREMENTS
(Applies to subcontracts)
Civil Rights-The following requirements apply to the underlying contract:
(1) Nondiscrimination -In accordance with Title VI of the Civil Rights Act, as amended,42 U.S.C. § 2000d, section 303
of the Age Discrimination Act of 1975,as amended,42 U.S.C. §6102,section 202 of the Americans with Disabilities Act
of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race,color,creed,national origin,sex,age,
or disability. In addition,the Contractor agrees to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
(a) Race,Color,Creed, National Origin,Sex-In accordance with Title VII of the Civil Rights Act,as amended,42 U.S.C.§
2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor(U.S. DOL)regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"42 U.S.C. §2000e note), and with any
applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to r\
ensure that applicants are employed, and that employees are treated during employment, without regard to their
race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor
agrees to comply with any implementing requirements FTA may issue.
(b)Age-In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended,29 U.S.C. §§
623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present
and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
(c) Disabilities-In accordance with section 102 of the Americans with Disabilities Act, as amended,42 U.S.C. § 12112,
the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission,
"Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part
1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with
Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
25. BREACHES AND DISPUTE RESOLUTION
(Applies to subcontracts)
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties
shall be decided in writing by the authorized representative of(Recipient)'s [title of employee]. This decision shall be
final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or
otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor
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shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title
of employee]shall be binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute-Unless otherwise directed by(Recipient),Contractor shall continue performance under
this Contract while matters in dispute are being resolved.
Claims for Damages-Should either party to the Contract suffer injury or damage to person or property because of any
act or omission of the party or of any of his employees,agents or others for whose acts he is legally liable, a claim for
damages therefor shall be made in writing to such other party within a reasonable time after the first observance of
such injury of damage.
Remedies- Unless this contract provides otherwise,all claims, counterclaims, disputes and other matters in question
between the(Recipient)and the Contractor arising out of or relating to this agreement or its breach will be decided by
arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the
(Recipient) is located.
Rights and Remedies -The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall
constitute a waiver of any right or duty afforded any of them under the Contract,nor shall any such action or failure to
act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in
writing.
26. PATENT AND RIGHTS IN DATA
(Applies to subcontracts)
A. Rights in Data - This following requirement applies to each contract involving experimental, developmental or
research work:
(1) The term "subject data used in this clause means recorded information, whether or not copyrighted, that is
delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media
such as drawings or photographs; text in specifications or related performance or design-type documents; machine
forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer
memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists,
specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related
information. The term "subject data" does not include financial reports, cost analyses, and similar information
incidental to contract administration.
(2)The following restrictions apply to all subject data first produced in the performance of the contract to which this
Attachment has been added:
(a) Except for its own internal use,the Purchaser or Contractor may not publish or reproduce subject data in whole or
in part,or in any manner or form, nor may the Purchaser or Contractor authorize others to do so,without the written
consent of the Federal Government,until such time as the Federal Government may have either released or approved
the release of such data to the public; this restriction on publication, however,does not apply to any contract with an
academic institution.
(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-
exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use,for"Federal
Government purposes," any subject data or copyright described in subsections(2)(b)1 and(2)(b)2 of this clause below.
As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the
Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal
license to any other party.
1. Any subject data developed under that contract,whether or not a copyright has been obtained;and
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2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part
provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general
intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting
from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the
Contractor performing experimental, developmental, or research work required by the underlying contract to which
this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to
any subject data developed in the course of that contract, or a copy of the subject data first produced under the
contract for which a copyright has not been obtained. If the experimental, developmental, or research work,which is
the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that
contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal
Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing
equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with
Federal assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government,the Purchaser and the Contractor agree
to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the
scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional
violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the
publication,translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither
the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising
out of the wrongful act of any employee,official,or agents of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent
or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government
under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by
the Federal Government that has been incorporated into work required by the underlying contract to which this
Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided
that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for
experimental,developmental,or research work financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's
status (Le.. a large business, small business, state government or state instrumentality, local government, nonprofit
organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the
necessary actions to provide,through FTA,those rights in that invention due the Federal Government as described in
U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms Under Government Grants,Contracts and Cooperative Agreements,"37 C.F.R. Part 401.
(4)The Contractor also agrees to include these requirements in each subcontract for experimental,developmental,or
research work financed in whole or in part with Federal assistance provided by FTA.
B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or
research work:
(1)General-If any invention,improvement,or discovery is conceived or first actually reduced to practice in the course
of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is
patentable under the laws of the United States of America or any foreign country,the Purchaser and Contractor agree
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to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is
ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's
status (a large business, small business, state government or state instrumentality, local government, nonprofit
organization,institution of higher education,individual),the Purchaser and the Contractor agree to take the necessary
actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S.
Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms Under Government Grants,Contracts and Cooperative Agreements,"37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental,
developmental,or research work financed in whole or in part with Federal assistance provided by FTA.
TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
(Applies to subcontracts)
Transit Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable transit employee
protective requirements as follows:
(a)General Transit Employee Protective Requirements-To the extent that FTA determines that transit operations are
involved,the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with
terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of
employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b),
and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are
identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which
Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that
work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1),
however,do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly
individuals and individuals with disabilities authorized by 49 U.S.C.§5310(a)(2),or for projects for nonurbanized areas
authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this
clause.
(b)Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §5310(a)(2)for Elderly Individuals
and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal
assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or
determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or
appropriate for the state and the public body subrecipient for which work is performed on the underlying contract,
the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S.
Secretary of Labor to meet the requirements of 49 U.S.C. §5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215,and any
amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the
date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to
perform transit operations in connection with the underlying contract in compliance with the conditions stated in that
U.S. DOL letter.
(c)Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If
the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. §
5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized
Area Program agreed to by the U.S.Secretaries of Transportation and Labor, dated May 31, 1979,and the procedures
implemented by U.S.DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit
■—•,, operations financed in whole or in part with Federal assistance provided by FTA.
19
Packet Page-535-
Exhibit IA 2/24/2015 16.D.5.
Federal Transit Administration Provisions
CFDA 20.500/20.507
28. DISADVANTAGED BUSINESS ENTERPRISE
Background and Applicability
The newest version on the Department of Transportation's Disadvantaged Business Enterprise(DBE) program became
effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement
to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set,
reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment
terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they
are DBE firms or not.
The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be
included in all contracts above the micro-purchase level. The requirements of clause subsection b flow down to
subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section
26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49,49 Code of Federal Regulations, Part 26, Participation
by Disadvantaged Enterprises in Department of Transportation Financial Assistance Programs. Collier Area
Transit's goal for DBE participation is 2.58%.
b. A separate contract goal has not been established for this procurement.
c. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a
material breach of this contract,which may result in the termination of this contract or such other remedy as
Collier County deems appropriate. Each subcontract the contractor signs with a subcontractor must include
the assurance in this paragraph(see 49 CFR 26.13(b)).
d. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral
means throughout the period of performance. In order to comply with the provisions of 49 CFR 26, the
bidder/offeror agrees to the following:
• Bid Opportunity List-shall submit with all Requests for Proposals and Invitations For Bid.
• Anticipated DBE Participation Statement—shall submit with all Requests for Proposals and Invitations
For Bid.
• DBE Directory — the bidder/offeror may use the online DBE directory, BizNet,
www.bipincwebapps.com/biznetflorida/ to locate ready, willing, and able DBE's to perform sub-
contractor work or sub-consultant work on USDOT assisted contracts.
• Subcontractor Payment Report—shall submit monthly to comply with monitoring requirements of 49
CFR 26.
e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor's receipt of payment for that work from
Collier County. In addition, the contractor is required to return any retainage payments to those
subcontractors within thirty (30) days after the subcontractor's work related to this contract is satisfactorily
completed.
f. The contractor must promptly notify Collier County, whenever a DBE subcontractor performing work related
to this contract is terminated or fails to complete its work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate
any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior
written consent of Collier County.
29. I RESERVED 1
20
Packet Page-536-
Exhibit IA 2/24/2015 16.D.5.
Federal Transit Administration Provisions
CFDA 20.500/20.507
30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA)TERMS
(Applies to subcontracts)
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain
Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated
by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in
the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act,
fail to perform any act, or refuse to comply with any(name of grantee) requests which would cause(name of grantee)
to be in violation of the FTA terms and conditions.
31. DRUG AND ALCOHOL TESTING
Introduction
FTA's drug and alcohol rules, 49 CFR 655, respectively, are unique among the regulations issued by FTA. First, they
require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf(usually
subrecipients and/or contractors)implement a complex drug and alcohol testing program that complies with Part 655.
Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules;
thus,the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function on
the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its
subrecipients and/or contractors comply with them.
Explanation of Model Contract Clauses:
Collier County relies on the contractor to implement a drug and alcohol testing program that complies with 49 CFR
655, but retains the ability to monitor the contractor's testing program; thus, the recipient has less control over its
compliance with the drug and alcohol testing rules than it does under option 1. The advantage of this approach is that
it places the responsibility for complying with the rules on the entity that is actually performing the safety-sensitive
function. Moreover, it reserves to the recipient the power to ensure that the contractor complies with the program.
The disadvantage of Option 2 is that without adequate monitoring of the contractor's program,the recipient may find
itself out of compliance with the rules.
Drug and Alcohol Testing
The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part
655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized
representative of the United States Department of Transportation or its operating administrations,the State Oversight
Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the
implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing
process. The contractor agrees further to certify annually its compliance with Part 655 before (insert date) and to
submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and
address of person responsible for receiving information). To certify compliance the contractor shall use the
"Substance Abuse Certifications" in the"Annual List of Certifications and Assurances for Federal Transit Administration
Grants and Cooperative Agreements,"which is published annually in the Federal Register.
32. ADA Access
Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states the
Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use
public transportation services and facilities, and that special efforts shall be made in planning and designing those
services and facilities to implement transportation accessibility rights for elderly individuals and individuals with
disabilities.The Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act
of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the
Americans with Disabilities Act of 1990(ADA),as amended,42 U.S.C. §§ 12101 et seq.,which requires that accessible
facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968,
as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to
individuals with disabilities, and any subsequent amendments to these laws or other laws pertaining to access for
individuals with disabilities to the extent applicable.
21
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Exhibit IA 2/24/2015 16.D.5.
Federal Transit Administration Provisions
CFDA 20.500/20.507
33. ITS Standards
Section 5206(e)of the Transportation Equity Act for the 21st Century, Public Law 105-178, 112 Stat.547, pertaining to
conformance with the National Intelligent Transportation Systems Architecture and Standards.
All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and
interoperability tests that have been officially adopted through rulemaking by the United States Department of
Transportation(US DOT).
34. ARRA SPECIAL TERMS AND CONDITIONS
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and
create jobs and promote economic recovery, assist those most impacted by the recession, provide investments
needed to increase economic efficiency by spurring technological advances in science and health, invest in
transportation, environmental protection, and other infrastructure that will provide long-term economic benefits,
stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and
counterproductive State and local tax increases.
The Contractor shall comply with all terms and conditions in the Recovery Act relating generally to governance,
accountability,transparency,data collection and resources as specified in Act itself and as discussed below.
Registration
Section 1512 provides that first tier Contractors of ARRA funds must register with Central Contractor Registration
database (CCR). CCR registration can be completed at http://www.ccr.gov. CCR registration must be completed
before the first quarterly Section 1512 report is due.
Federal reporting on projects funded by the Recovery Act,will require contractors to report their DUNS number. The
DUNS number is issued by Dun and Bradstreet. If you do not know your DUNS number,visit www.dnb.com and click
on"D&B D-U-N-S Number"to obtain a number.
Compliance with American Recovery and Reinvestment Act of 2009:
This project is subject to the criteria and conditions of the Recovery Act of 2009 and shall satisfy the federal reporting
requirements for the project(s),through monthly reports,for both the contractor and subcontractors. The Contractor
shall provide the required information on form(s) provided by the County in the timeframe indicated in the
instructions and shall further include these reporting requirements in all subcontracts.
Authority of the Comptroller General:
Section 902 of the ARRA of 2009 provides the U.S.Comptroller General and his representatives the authority:
(1) to examine any records of the Contractor or any of its subcontractors, or any State or Local agency administering
such contract,that directly pertain to,and involve transactions relating to,the contract or subcontract;and
(2) to interview any officer or employee of the Contractor or any of its subcontractors, or of any State or Local
government agency administering the Contract, regarding such transactions. Accordingly, the Comptroller General
and his representatives shall have the authority and rights as provided under Section 902 of the ARRA with respect to
this Contract, which is funded with funds made available under the ARRA. Section 902 further states that nothing in
this Section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General.
22
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DISCLOSURE OF LOBBYING ACTIVITIES 2/24/2015 16.D.5.
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
(See reverse for public burden disclosure.)
11. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application I I a. initial filing
--a b. grant b. initial award l I b. material change
c. cooperative agreement c. post-award For Material Change Only:
d. loan year quarter
e. loan guarantee date of last report
f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
❑ Prime ❑ Subawardee and Address of Prime:
Tier , if known:
Congressional District, if known: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known: 9.Award Amount, if known:
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if
(if individual, last name, first name, M1): different from No. 10a)
(last name, first name, M1):
11,Information requested through this form is authorized by title 31 U.S.C. section Signature:
1352. This disclosure of lobbying activities is a material representation of fact
upon which reliance was placed by the tier above when this transaction was made Print Name:
or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This
information will be available for public inspection. Any person who fails to file the
required disclosure shall be subject to a civil penalty of not less than $10,000 and Title:
not more than$100,000 for each such failure.
Telephone No.: Date:
Authorized for Local Reproduction
Federal Use Only: Standard Form LLL(Rev.7-97)
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2/24/2015 16.D.5.
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal
action,or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreementto make
payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employee of
Congress,or an employeeof a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material
change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter
the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriate classification
of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee
of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal
recipient.Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For
example,Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance
(CFDA)number for grants,cooperative agreements,loans,and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number;
Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number
assigned by the Federal agency). Include prefixes,e.g.,'RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name, First Name,and
Middle Initial(MI).
11. The certifying official shall sign and date the form,print his/her name,title,and telephone number.
According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response,including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,
DC 20503.
Packet Page-540-
2/24/2015 16.D.5.
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name Project Name
Title Project Number
Firm Tax ID Number
Street Address DUNS Number
City, State, Zip
Signature Date
03/04/2013-(2)
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2/24/2015 16.D.5.
COLLIER COUNTY
ANTICIPATED DBE OR M/WBE PARTICIPATION STATEMENT
DBE/MBE/WBE Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status.
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT
IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, IS THE ACTIVITY OF THIS CONTRACT...
MINORITY OR WOMEN BUSINESS ENTERPRISE?
(DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED DBE? Y N CONSTRUCTION? Y N
BUSINESS 8A CERTIFICATION FROM THE SMA'_L BUSINESS MBE? Y N CONSULTATION? Y N
ADMINISTRATION? WBE? Y N OTHER? Y N
SDB 8A? Y N
IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS DBE/MBE, PRIME IS TO COMPLETE THIS NEXT
SECTION
DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT
NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS
DBE M/WBE
DBE M/WBE
DBE M/WBE
DBE M/WBE
DBE M/WBE
DBE M/WBE ,
TOTALS:
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER
NOTE: This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files.
ETHNICITY CODE
Black American BA
Hispanic American HA
Native American NA
Subcont.Asian American SAA
Asian-(Pacific American APA
Non-Minority Women NMW
—
Other:not of any other group listed 0
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP or PO/REQ) FUNDING SOURCE
ACCEPTED BY:
DATE
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2/24/2015 16.D.5.
COWER COUNTY GRANT COMPLIANCE FORM
BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES
AND PROFESSIONAL CONSULTANT SERVICES
It is the policy of Collier County that disadvantaged businesses and minority vendors,as defined in the Code of Federal Regulations(CFR)or
Florida Statutes(FS),must have the opportunity to participate on contracts with federal and/or state grant assistance.
Prime Contractor/Prime Consultant:
Address and Phone Number:
Procurement Number/Advertisement Number:
The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above. The list must
include the firm bidding or quoting as prime,as well as subs and suppliers quoting for participation. Prime contractors and consultants must
provide information for Numbers 1,2,3,and 4;and,should provide any information they have for Numbers 5,6,7,and 8. This form must
be submitted with the bid package.
1. Federal Tax ID Number: 6.8 DBE 8. Annual Gross Receipts
2. Firm Name: Non-DBE Less than$1 million
3. Phone Number: Between$1-5 million
4. Address Between$5-10 million
7. Subcontractor
8
Subconsultant Between$10-15 million
More than$15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6.8 DBE 8. Annual Gross Receipts
�`` 2. Firm Name: Non-DBE Less than$1 million
3. Phone Number: Between$1-5 million
4. Address Between$5-10 million
7. Subcontractor Between$10-15 million
Subconsultant More than$15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6.8 DBE 8. Annual Gross Receipts
2. Firm Name: Non-DBE Less than$1 million
3. Phone Number: Between$1-5 million
4. Address Between$5-10 million
7. Subcontractor
8
Subconsultant Between$10-15 million
More than$15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6.a DBE 8. Annual Gross Receipts
2. Firm Name: Non-DBE Less than$1 million
3. Phone Number: Between$1-5 million
_
4. Address Between$5-10 million
7.aSubcontractor _Between$10-15 million
Subconsultant More than$15 million
---" 5. Year Firm Established:
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2/24/2015 16.D.5.
COLLIER COUNTY GRANT COMPLIANCE FORM
BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES
AND PROFESSIONAL CONSULTANT SERVICES •--.
Continued
1. Federal Tax ID Number: 6.8 DBE 8. Annual Gross Receipts
2. Firm Name: Non-DBE Less than$1 million
3. Phone Number: Between$1-5 million
4. Address Between$5-10 million
7.8 Subcontractor
Subconsultant Between$10-15 million
More than$15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6.8 DBE 8. Annual Gross Receipts
2. Firm Name: Non-DBE Less than$1 million
3. Phone Number: Between$1-5 million
4. Address -Between$5-10 million
7.8 Subcontractor -,-Between$10-15 million
Subconsultant More than$15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6.8 DBE 8. Annual Gross Receipts
2. Firm Name: Non-DBE Less than$1 million
3. Phone Number: Between$1-5 million
4. Address Between$5-10 million
7.
Ei
Subcontractor Between$10-15 million
Subconsultant More than$15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6.El DBE 8. Annual Gross Receipts
2. Firm Name: Non-DBE ^-Less than$1 million
3. Phone Number: Between$1-5 million
.._
4. Address Between$5-10 million
-
7.e Subcontractor -Between$10-15 million
Subconsultant More than$15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6.8 DBE 8. Annual Gross Receipts
2. Firm Name: Non-DBE Less than$1 million
3. Phone Number: _Between$1-5 million
4. Address Between$5-10 million
7.EI Subcontractor -.-Between$10-15 million
Subconsultant More than$15 million
-
5. Year Firm Established:
r1
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Collier County
Acknowledgement of Terms, Conditions, and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be available to the Department for review and approval. The vendor agrees
to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
The recipient shall document in the quarterly report the subcontractor's progress in performing its work
under this agreement. For each subcontract, the Recipient shall provide a written statement to the
Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
Grant Clauses
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements
identified in this solicitation document(s).
Vendor/Contractor Name Date
Authorized Signature
Address
Solicitation Contract#
10/1/2012 Revision 2
1
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